310/05 : Darfur Relief and Documentation Centre / Sudan 1 Summary of Facts 1. This communication is submitted by the Darfur Relief and Documentation Centre (DRDC) (hereinafter called the complainant), on behalf of 33 Sudanese citizens (hereinafter referred to as victims) against the Republic of Sudan (hereinafter called the Respondent State). 2. The Complainant states that the victims were hired by the Iraqi - owned Southern Oil Company in the early 1980s as drivers, mechanics, electricians, cooks, servants and manual workers in the oil fields of the said company in Basra City (Southern Iraq). nd rd 3. On 22 and 23 February 1983 the said victims were arrested during the first Gulf War between th Iran and Iraq and taken to Iranian territory on 24 February 1983 as civilian war detainees where they th were detained in special military prisons, until 5 October 1990 (seven years), when they were released and repatriated to Sudan. 4. The Complainant submits that while in detention, the victims lost their sources of income and were unable to communicate with their families and lawyers; they were psychologically and physically tortured, had no access to medical treatment and could not carry out their religious rituals. 5. Following the victims’ release from prison, the Iraqi government agreed to meet part of the unpaid salaries for the years that they had spent in Iranian custody. No arrangements were made to pay compensation, damages or reparations for the suffering caused to the victims during their detention. 6. A total of US$ 500,000, paid in Sudanese currency at the exchange rate of the day of payment, was to be given to the detainees and divided evenly among all of them. It was agreed by the governments of Sudan and Iraq that the said amounts would be paid to the victims through the Ministry of Finance and Economic Planning in Khartoum. (See supporting documents No. 1, 2, and 3).The two governments further agreed that the full amount would be deducted from the debt that Sudan owed Iraq. 7. The complainant submits further that the Ministry of Finance and Economic Planning in Khartoum informed the victims about the payment arrangements reached between Sudan and Iraq (See supporting document No. 4). The victims accepted the payment terms despite the fact that they were not part of the negotiations that led to the payment agreement reached between Sudan and Iraq. This included payment in Sudanese currency and yet their salaries had been earmarked in US dollars. th 8. The complainant alleges that on 20 March 1992, the Sudanese Ministry of Finance and Economic Planning approved the payments to the victims and instructed the bank of Sudan to effect the said th th payments. (See supporting document No. 5). Subsequently, on 15 April 1993 and 10 May 1993, a total of US$ 167,367 (SP 22,700,000) was paid to the victims as the first instalment. (see supporting document No.6) Each victim received the equivalent of US$ 5,230. The Ministry of Finance and Economic Planning promised to pay the remaining balance amounting to US$ 332,633 at a later date. 9. Payment of the remaining balance due to the victim was delayed and the complainant states that the Ministry of Finance and Economic Planning eventually refused to pay the said amount altogether. The complainant alleges that the then First Under-Secretary at the Ministry of Finance and Economic Planning, Mr Hassan Mohamed Taha was responsible for ensuring that the said amounts were not paid to the victims. 10. The complainant submits that the victims have attempted to use all the legal and political avenues available in order to have their rights recognised and recover the monies owed them but to no avail. Articles alleged to have been violated 11. The Complainant alleges that Articles 1, 2, 5, 7(1)(a), 14 and 16(1) of the African Charter on Human and Peoples’ Rights have been violated. 12. The complainant requests the African Commission to urge the government of Sudan to -:

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